IMPORTANT UPDATE ON U.S. ENTRY REQUIREMENTS TRAVEL FROM THE CARIBBEAN

IMPORTANT UPDATE ON U.S. ENTRY REQUIREMENTS
TRAVEL FROM THE CARIBBEAN
In light of the extraordinary circumstances that now exist in Haiti, U.S. Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) are writing to remind commercial air carriers and commercial vessel carriers of the obligations that exist to screen all passengers prior to boarding commercial flights or commercial vessels to the United States. As defined in Title 19 of the Code of Federal Regulations (CFR), commercial air carriers and commercial vessel carriers are also required to electronically transmit passenger and crew manifest information for all flights or voyages arriving in to or departing from the United States. Additionally, it is the responsibility of the carriers to screen all passengers and ensure that they are properly documented prior to boarding according to section 273 of the Immigration and Nationality Act (INA). Carriers are obliged to take reasonable steps to prevent the boarding of improperly documented aliens at Toussaint Louveture International Airport in Port-au-Prince, Haiti and any other ports of embarkation in Haiti as well as third countries.
As part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake, CBP is taking every step possible to ensure proper screening procedures are followed to protect the safety and well-being of children impacted by the earthquake in Haiti.
Appropriate screening for unaccompanied children will help identify and protect victims of human trafficking as well as ensure the integrity of the adoption process.
United States Citizens
• At this time, the Department of State is providing travel or boarding letters or printouts of passport information for citizens of the United States not in possession of a United States passport where possible.
• The carriers must take steps to include confirmation that the traveler bears a valid United States passport or other documentary proof of United States citizenship provided by United States government agencies.
• The carriers shall confirm that the traveler bears a valid United States passport or other documentary proof of United States citizenship provided by United States government agencies working in Haiti or a third country.
Non-U.S. Citizens
• Carriers are obliged to take reasonable steps to prevent the boarding of improperly documented aliens at Toussaint Louveture International Airport in Port-au-Prince, Haiti and any other ports of embarkation in Haiti or from a third country.
• Carriers are responsible to verify that the bearer is the rightful holder of the document(s) presented and that the document(s) are valid for entry into the United States.
• Non-U.S. citizens must be in possession of an appropriate travel/boarding document or otherwise cleared with the Department of Homeland Security to allow boarding.
• Carriers must ensure screening of passengers by carrier personnel prior to boarding and examination of their travel documents to ensure that, in the case of aliens, the passport/travel document is valid for entry into the United States and that the bearer is the rightful holder and is in possession of a visa, if required.
• Documentation includes visa, boarding letter, advance parole, evidence of urgent humanitarian parole for medivac or other emergent reasons.
• If appropriate documentation for entry to the United States is not in an alien’s possession, carriers should not board him/her for flights bound for the United States.
• In the event that a carrier determines that an alien seeking to board a flight bound for the United States is not properly documented, the carrier is obliged to refuse to board him/her.
• Although DHS may use discretion to mitigate/waive, on a case by case basis, penalties associated with INA section 273(a)(1) for “bringing an alien without a valid unexpired entry document,” it is critical that carriers continue to conduct their screening responsibilities to ensure aviation security, the safety of travelers, and security of U.S. borders is not compromised.
The Carrier Information Guide is available online at www.CBP.gov.
Continue to contact the Regional Carrier Liaison Groups with questions:
• Honolulu (Asia and Pacific Rim) (808) 237-4632
• Miami (Latin America & Caribbean) (305) 874-5444
• New York - JFK (Europe, Africa & Middle East) (718) 553-1783
APIS Requirements
• Commercial air carriers are required to electronically transmit manifest data pursuant to 19 CFR 122.49a-c, and 122.75a-b, commercial vessel operators are required to electronically transmit APIS data pursuant to 19 CFR 4.7b and 4.64, including Advanced Passenger Information System (APIS) data for all flights or vessel voyages between the United States and Haiti, or into the United States from a third country where the flights or voyages are participating in relief or other transportation efforts related to the earthquake in Haiti. In addition, commercial air carriers must also provide access to Passenger Name Record (PNR) data.
• Under extenuating or emergent situations, carriers should make every effort to transmit complete APIS information to allow for advance screening and to facilitate the processing of travelers arriving into or departing from the United States.
• Consistent with existing procedures, carriers must notify their APIS Account Manager and the port of arrival in the event that extenuating circumstances prevent the carrier from providing the required manifest information.
• When carriers cannot transmit APIS due to circumstances beyond their means, CBP officers at ports of entry or CBP officers at other locations may ask carriers to provide a hard copy of the manifest data, if a hard copy is available.